Embassy W Sidewalk J. HerrigMEMORANDUM
November 13, 2002
TO:The Honorable Mayor and City Council Members
FROM:Michael C. Van Milligen, City Manager
SUBJECT:Center Grove, Cedar Cross Road and Embassy West Drive Sidewalk
Installation Program
City Council directed that the Embassy West Drive sidewalk installation be brought back
for further consideration. Public Works Director Mike Koch is recommending that a
public hearing be set for December 16, 2002.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Michael A. Koch, Public Works Director
MEMORANDUM
November 12, 2002
TO:Michael C. Van Milligen, City Manager
FROM:Michael A. Koch, Public Works Director
SUBJECT:Center Grove, Cedar Cross Road and Embassy West Drive
Sidewalk Installation Program
INTRODUCTION
The installation Of a public sidewalk on Embassy West Drive at the northeasterly corner
of Pennsylvania Avenue and Embassy West Drive was approved as part of the above
Sidewalk Assessment Project by the City Council at a Public Hearing on October 7,
2002. The project is known as the 2000 Sidewalk Installation Program.
DISCUSSION
At the time of the Public Hearing there were no objections filed against the special
assessment for the installation of this sidewalk which abuts undeveloped property
owned by Mr. John Herrig. In a letter dated October 23, 2002 however, Mr. Herrig has
now requested that this sidewalk be eliminated from the 2000 Sidewalk Installation
Program. The property is legally described as Embassy West Sub Bal Lot 1-1-A, as
shown on the attached aedal photograph.
In order to delete the Herrig property from the Program, the City Council must set a new
Public Hearing on the assessment project, at which time Mr. Herrig would be heard on
his request to eliminate this sidewalk from the 2000 Sidewalk Installation Program and
also any other interested persons may be heard for or against his request to delete the
sidewalk from the Program.
All of the other property owners included in the project have already installed their
required sidewalks utilizing their own chosen contractors: This leaves Mr. Herrig's
property as the only remaining assessable sidewalk in the project. There are, however
other City funded portions of sidewalk and guardrail installation to be done as part of the
project. Enclosed are the necessary Resolutions and Notices to initiate the Public
Headng process.
BUDGETIMPACT
The only budget impact would be to eliminate the proposed $7,596.00 special
assessment against Mr; Herrig's property on Embassy West Subdivision from the 2000
Sidewalk Installation Program. Since the cost of the sidewalk is entirely assessable,
there is no fiscal impact on the City of Dubuque.
ACTION TO BE TAKEN
The City Council, if in favor of eliminating this sidewalk from the 2000 Sidewalk
Installation Program should adopt the Resolution Fixing the date on the amended plans
and specifications, the Resolution of Necessity, the Resolution Fixing Date of Hearing
on the amended Resolution of Necessity, and the Resolution Rescinding the
Preliminary Schedule of Assessments and Adopting an Amended Schedule of
Preliminary Assessments for the 2000 Sidewalk installation Program.
RESOLUTION NO. 612-02
FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS FOR
AMENDED 2000 SIDEWALK INSTALLATION PROGRAM AND
DELETION OF CERTAIN PROPERTY THEREFROM
Whereas, the City Council of the City of Dubuque, Iowa gave its approval
to the plans, specifications, and form of contract for the 2000 Sidewalk
Installation Program by adoption of Resolution No. 545-02.
Whereas, the City Council now proposes to delete certain property from
the Program.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
That a Public Hearing will be held on the 16th day of December, 2002, at
6:30 p.m. in the Public Library Auditorium at which time interested persons may
appear and be heard for or against the proposed plans and specifications and
the deletions of the property legally described as Embassy West Subdivision Bal
Lot 1-1-A, located on Embassy West Drive at the northeasterly comer of
Pennsylvania Avenue and Embassy West Drive from the 2000 Sidewalk
Installation Program, and' the City Clerk be and is hereby directed to cause a
notice of time and place of such hearing to be published in a newspaper having
general circulation in the City of Dubuque, Iowa, which notice shall be not less
than four days nor more than twenty days prior to the day fixed for its
consideration. At the hearing, any interested person may appear and file
objections to the deletion of said property from the 2000 Sidewalk Installation
Program.
Passed, adopted and approved this
18th day of November ,2002
Terrance M. Duggan, Mayor
Attest:
Jeanne, F. Schneider, CMC, City Clerk
RESOLUTION NO, 613-02
RESOLUTION OF NECESSITY
AMENDED 2000 SIDEWALK INSTALLATION PROGRAM AND DELETION OF
CERTAIN PROPERTY THEREFROM
Whereas, proposed plans have been duly prepared and approved by the City
Council of the City of Dubuque and are now on file in the office of City Clerk showing
among other things the amended plans and schedule and the amount proposed to be
assessed against each lot and the valuation of each lot as filed by the City Council, for
the 2000 Sidewalk Installation Program; and
Whereas, the City Council now proposes to delete certain property from the
Program.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the City'Council deems it advisable to delete Embassy West Sub Bal Lot 1-
1-A from the 2000 Sidewalk Installation Program, and unless property owners at the
time of the final consideration of this proposed resolution have on file with the City Clerk
objections to the Resolution of Necessity, they shall be deemed to have waived all
objections pertaining to the regularity of the proceeding and the legality of eliminating
the special assessment.
The above resolution was introduced, approved and ordered placed on file with
the City Clerkthis 18th day of November ,.2002.
Approved and placed on file for final action.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 614-02
FIXING DATE OF HEARING ON RESOLUTION OF NECESSITY
AMENDED 2000 SIDEWALK INSTALLATION PROGRAM FOR DELETION OF
CERTAIN PROPERTY THEREFROM
Whereas, the City Council of the City of Dubuque, Iowa, gave its approval to the
proposed plans, specifications and form of contract for the 2000 Sidewalk Installation
Program by adoption of Resolution No. 546-02; and
Whereas, the City Council now proposes to amend the plans and specifications
by deleting the property legally described as Embassy West Sub Bal Lot 1-1-A, located
on Embassy West Drive at the northeasterly corner of Pennsylvania Avenue and
Embassy West Drive from said program; and
Whereas, a proposed Resolution of Necessity for the deletion of said property
has been introduced and is now on file in the City Clerk's office for public inspection.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That on the 16th day of December, 2002, a public hearing will be held at 6:30
p.m. in the Public Library Auditorium in the City of Dubuque at which time the owners of
property subject to assessment for the proposed improvement or any other person
having an interest in the matter may appear and be heard for or against the making of
the improvement and the assessment against the lot or the deletion of said property
from the Program, or the final adoption of a Resolution of Necessity and the City Clerk
be and is hereby authorized and directed to cause a notice of time and place of such
hearing to be published in a newspaper having general circulation in the City of
Dubuque, Iowa, which notice shall be published once each week for two consecutive
weeks, the first publication of which shall be not less than ten days prior to the day fixed
for its consideration. Unless property owners at the time of the final consideration of
this proposed resolution have on file with the City Clerk objections to the Resolution of
Necessity they shall be deemed to have waived all objections thereto.
Passed, adopted and approved this !8th day of November;, 2002.
Terrance M. Duggan, Mayor
Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 615-02
RESOLUTION RESCINDING RESOLUTION 519-02 AND APPROVING
IN LIEU THEREOF A NEW PRELIMINARY SCHEDULE OF
ASSESSMENTS FOR THE AMENDED 2000 SIDEWALK
INSTALLATION PROGRAM
Whereas, the City Council adopted Resolution 519-02 dated October 7,
2002, approving the Preliminary Schedule of Assessments for the 2000 Sidewalk
Installation Program; and
Whereas, the scope of the project has been amended to delete the
property, thereby eliminating all preliminary assessments for the 2002 Sidewalk
Installation Program; and
Whereas, the balance of the sidewalks included in the special assessment
program have already been installed by each respective property by a contractor
of their choice.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
That Resolution No. 519-02 is hereby rescinded.
Passed, approved and adopted this 18th day of November , 2002.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, CMC,'~City Clerk
NOTICE OF HEARING ON PLANS AND SPECIFICATIONS FOR
AMENDED 2000 SIDEWALK INSTALLATION PROGRAM AND
DELETION OF CERTAIN PROPERTY THEREFROM
Notice of public hearing on proposed amended plans and specifications,
deletion of the property legally described as Embassy West Subdivision Balance
Lot 1-1-A, located on Embassy West Drive at the northeasterly corner of
Pennsylvania Avenue and Embassy West Drive, from the 2000 Sidewalk
Installation Program. The project consists of the installation of public sidewalks
on the west side of Cedar Cross Road, from Starlite Drive to Center Grove Drive
and the property at the northeast corner of Embassy West Drive and
Pennsylvania Avenue.
NOTICE IS HEREBY GIVEN: The City Council of Dubuque, Iowa will hold
a public hearing on the proposed amended plans, for the 2000 Sidewalk
Installation Program, and the deletion of said property in accordance with the
provisions of Chapter 384, City Code of Iowa, at 6:30 p.m., on the 16th day of
December 2002, in the Public Library Auditorium, 360 West 11th Street, in
Dubuque, Iowa. Said amended plans are now on file in the office of the City
Clerk. At said hearing any interested person may appear and file objections
thereto.
Any visual or hearing-impaired persons needing special assistance or
persons with special accessibility needs should contact the City Clerk's office at
(563) 589-4120 or TDD at (563) 589-4193 in the Human Rights Department at
least 48 hours prior to the meeting.
Published by order of the City Council given on the
,2002.
day of
Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO.
RESOLUTION WITH RESPECT TO THE ADOPTION OF THE
AMENDED 2000 SIDEWALK INSTALLATION PROGRAM
Whereas, the City Council has proposed a Resolution of Necessity for the
amended 2000 Sidewalk Installation Program and has given notice of the public
hearing thereon as required by law; and
Whereas, the public headng has been held, all persons offering objections
have been heard and consideration given to all objections and is pending before
this Council; and
Whereas, this is the time and place set as provided for the taking of action
on the proposed Resolution of Necessity.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA;
That the proposed Resolution of Necessity described above is hereby:
__ Adopted, without amendment, and all objections filed or made having
been duly considered are overruled:
__ Deferred for later consideration to a City Council meeting to be held on the
__ day of , 2002, next at 6:30 p.m. in the Public Library
Auditorium, with jurisdiction retained for further consideration and action at
the adjourned meeting.
Abandoned.
Passed, adopted and approved this __ day of
,2002.
Attest:
Jeanne F. Schneider, CMC, City Clerk
Terrance M. Duggan, Mayor
OCTOBER 23, 20O2
HONORABLE MAYOR
CITY COUNCIL MEMBERS
CITY MANAGER AND STAFF
RE: 1998 SIDEWALK ASSESSMENT INSTALLATION
PER OCTOBER 2002 CITY COUNCIL MEETlNG, I JOHN W. HERR/G, 13668 SURREY
LANE, DUBUQUE, IOWA, WAS DIRECTED TO INSTALL, BUT HEREBY REQUEST THAT
THE SIDEWALK THAT WAS DIRECTED TO BE CONSTRlCTED ON THE EAST SIDE OF
EMBASSEY WEST DRIVE- TO THE NORTH FROM PENNSYLVANIA AVENUE - TO THE
FIRST HOUSE ON THE EAST SIDE OF EMBASSEY WEST DRIVE; BE DELETED AND
INSTALLED UPON COMPLETION OF IMPROVEMENTS OF STRUCTURES (BUILDINGS
AND DRIVEWAY ACCESS) TO SAID LOT.
HAVING CONSTRUCTED THE SIDEWAUC ALONG PENNSYLVNIA AVE., FROM KWIK
TRIP TO EMBASSEY WEST DRIVE, I FEEL A FAIR COMPROMISE HAS BEEN MADE AND
DUE TO THE ABSOLVING OF OTHER PROPERTY OWNERS, AT THAT SAME OCTOBER
MEETING, BASED ON CITY ORDINANCE OR POIJCY, PER MlKE KOCH, CITY
ENGINEER, NOT REQUIRING SIDEWALKS TO BE INSTALLED UNTIL CONSTRUCTION
OR IMPROVEMENTS THERETO TO UNIMPROVED LOTS, IT WOULD ONLY SEEM FAIR
THE CITY WOULD GRANT ME THAT SAME PRIVELEDGE AND RIGHT. WITH ALL DUE
RESPECT I ANXIOUSLY AWAIT YOUR RESPONSE.
SINCERELY,
JOHN W. HERRIG